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Liability Landlords

Jackson Walker

Fair Notice Drafting: Indemnity Clauses that Stand Up in Texas Courts

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Imagine a customer slips and falls inside a tenant’s leased space. The injured party alleges that the fall was caused by water leaking from the building’s sprinkler system. Although no fault has been determined, the claim...more

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Stark & Stark

Tragic House Fire and Explosions in Trenton, NJ: What You Need to Know

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In the early hours of Wednesday, April 30, 2025, a devastating house fire in Trenton, New Jersey, left five people injured and caused nearby evacuations after loud explosions were heard from the scene. The fire and subsequent...more

Goldberg Segalla

The Expansion of Dog Owner Liability in New York

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In a landmark decision likely to have wide-ranging implications for premises liability claims and insurance defense litigation, the New York Court of Appeals, the state’s highest court, has upended decades of precedent in its...more

Fox Rothschild LLP

Business Court Expands Potential Duties of Landowners for Torts that Begin on Their Property, but Conclude Elsewhere

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That’s what a patron of Northlake Mall and Northlake Commons reportedly asked in an online forum about safety concerns at these Mecklenburg County shopping venues. The plaintiff in Brown v. TM Northlake Mall, LP, 2025 NCBC...more

White and Williams LLP

No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible

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The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

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Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

Rodemer Kane Attorneys at Law

Slip and Fall Accidents in Apartment Buildings: Understanding Your Rights in Colorado

Slip and fall accidents can happen anywhere, but when they occur in an apartment building, the consequences can be particularly challenging. Whether you're a tenant or a visitor, injuries from a fall can result in medical...more

White and Williams LLP

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

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In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire...more

Patton Sullivan Brodehl LLP

Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

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Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more

Pillsbury Winthrop Shaw Pittman LLP

Conflicting Court Rulings on Subchapter V Eligibility Leave Small Businesses in Limbo

Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility. In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more

Allen Barron, Inc.

Do You Need an Asset Protection Strategy?

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Do you need an asset protection strategy in San Diego, California? What is an “Asset Protection Strategy” and who should make sure to have an asset protection strategy in place?...more

Lowndes

Property Owner Considerations Around Electric Vehicle Bans

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The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

Searcy Denney Scarola Barnhart & Shipley

7 Things to Know About Defective Products & Product Liability Cases

The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more

Fox Rothschild LLP

When Is A Landlord Liable For Tenant’s Dangerous Dog (In North Carolina)

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A recently decided case in North Carolina provides some guidance to landlords regarding their potential liability to a third party harmed by the pet of a tenant. (Note- I refer you to an attorney in one of our N.C. offices...more

Fox Rothschild LLP

Courts And Canines: Another Chapter In A Long-Running Tale.

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If there’s one thing we all remember from law school, it’s the old rule of common law that each dog gets one bite before the owner is on notice that the creature is dangerous. Though that rule has been refined over the years,...more

Saul Ewing LLP

If COVID-19 Is Brought Home From Work— Can Lawsuit Follow?

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Employers, landlords and any party potentially subject to a premises liability action would be well advised to consider the consequences when COVID-19 is contracted on their property and then spread from the infected party to...more

Dickinson Wright

Nevada Landlords Beware: Avoiding Intellectual Property Liability During the Eviction Process

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It is no secret the pandemic has caused an unprecedented economic crisis throughout the state of Nevada. Throughout the duration of the pandemic, the Nevada unemployment rate has, at one point, exceeded 30 percent, hindering...more

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

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Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...more

Seyfarth Shaw LLP

Could Commercial Landlords be Liable for Exposure to COVID-19 Under New York Law?

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The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

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Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more

Lowndes

Landlord Liability for Tenant’s Counterfeit Sales

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Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more

Melito & Adolfsen

An Out-of-Possession Landlord Cannot Avoid Liability for a Fall on Snow and Ice Under a Statute Imposing Liability on an Owner...

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In Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty...more

Fenwick & West LLP

Eleventh Circuit Affirms Contributory Trademark Infringement Award

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The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more

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